Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-02-05
THE acwHORTER CASE.
The Defendant Relates His Own Story
Rebuttal Testimony.

sumed in Department Two of the Superior
Court yesterday morning at 10 o'clock,
Judge Wilson, of San Francisco, presiding
There was the usual crowd of spectators
present.
The first witness called was J. E. Hol-
lingshead, for the defense. Witness was
asked what threats he had beard T. G..
Robinson make against defendant Nc
Whorter He answered that he was in
company with Robinson on the 9th of
July last at Colfax, Placer county, on which
occasion witness told Robinson he saw the
latter's name used in an article in the
Marysville Democrat in connection with
certain alleged escapade in Nevada City.
Robinson said that if the editor of that
paper had thus published him he would
STAMP the g-s out of the little - -
the first time he saw him"
On cross examination witness said that
Robinson requested witness TO send him a
copy of the paper referred to- and denied
the charge made in its columns. Witness
repeated the conversation at Colfax in sub
stantially the same terms as contained in
his testimony of the preceding day.
Sheriff NJ, NJ. Drew was next called.
Witness testified that. he was formerly
United States Marshal. T. G. Robinson
was appointed by him, at the request of
Judge Rhodes. to serve writs of injunction
issued by the United States Court.
On cross-examination witness said he
knew of no method of appointing Deputy
United States Marshal except in the one
regular manner. Deceased had the usual
regular appointment.
The defense next called General A. L..
Hart, who testified that he is one of the
attorneys for the prosecution, and also an
attorney for the Anti-Debris Association,
in its litigation with hydraulic miners.
Witness was handed copy OF the Stock
ton MdH, of Tuesday last, containing a
copy of an alleged letter to party in that
city, purporting to have been written by an
attorney for the prosecution in this case,
and asked if the letter was written by him,
or by his authority.
The publication referred to (but which
was not then offered in evidence) was as
follows, as printed in the Stockton Mail,
followed by an editorial criticism
g. gentleman connected with the Mail
has received the following communication
from an attorney of Sacramento. The
name of the person receiving the letter is
omitted for obvious reasons, and that of
the man sending it is left out at the for
mer's request, made out of consideration
for the attorneys feelings
DEAR SIR: Do you know anything concern
ing NJ. McWhorter, who is now on trial for the
killing of T. e. Robinson? II you know of any
thing of his history, or anything in connection
with the act for which he is being tried, will
you please send me n full statement? | am en-
ployed to assist in the prosecution, and any in
formation which you may be able to give will
be thankfully accepted
Witness said that such a letter might
have been written and sent from his office,
but he did not know of it.
Joseph Cutie, a deputy in the County
Clerks Office, was called and asked if
there was any written appointment on file
of Charles I. Jones, as a Deputy District
Attorney. Witness replied there was not
Mr.. Jones then took from his pocket a
paper which witness identified as being in
District Attorney Burners handwriting
and which designated Mr.. Jones as Dep
uty District Attorney.
The defense then called Milton Nc
Whorter, the defendant. He testified that
he is "a years of age, and had a family of
three children. His weight is 123 pounds.
He first met 7. G. Robinson in Marysville,
about two years ago; was introduced by
Mr.. Lowry subsequently met Mr.. Robin
son at the trial of the North Bloomfield
Company, and frequently afterward had
no personal feeling or malice against de-
ceased had been publisher of the Marys-
vile Democrat since November, 1884. witt
ness here identified certain articles pub
lished in his paper He thought it his
duty as public journalist TO expose any,
body whom he thought might be robbing
the Treasury OF Yuba county; saw in the
Nevada Transcript an item concerning a
person being driven out of house of i'll
fame in that place, and learned from sew
eral persons that the real party was T. G..
Robinson, and so published it; saw evil
dences that hydraulic mines were running,
and visited the mountains and saw the
mines operating; returned to Marysville
and charged the anti-hydraulic agents with
not doing their duty; the county was pay
ing out considerable money and taxes
were high and onerous. and he considered
it his duty as public journalist to expose
those whom he considered responsible.
Witness then testified to the nature of the
threats made by Robinson and which had
been repeated to him. Before witness
criticism of Robinson in the Democrat the
latter had caused to be published in the
Suffer Farmer a bitter article against Wit
ness. Witness then gave the names of the
parties who told him of Robinson's threats,
and spoke of his interviews with Senator
Cross. In consequence of the advice OF
Senator Cross, witness left his CORE
spondents desk at the Capitol and went to
Marysville in order to avoid a difficulty
with Robinson. He returned few DAYS
afterward to see J. DeBarth Shorb and W.
i. Carr in regard TO money matters; caused
pistol to be purchased because of having
heard that Robinson would kill him on
sight; did not come to Sacramento for the
purpose of getting in Robinson's way: on
L., r
Witness said he always stopped at the State
House Hotel when in Sacramento. and
went there to supper on the evening of the
shooting; sat down in front of the hotel to
chat with James 0'Bnen concerning wit
ness own affairs; Robinson soon came
along and looked savagely at witness as he
passed: he went to the corner and looked
about, and then went into q saloon; he
soon returned and sat down in front of the
hotel, looking witness steadily in the face;
he (Robinson) soon went in and looked
at the hotel register, and asked the
proprietor something; he soon returned
and stood in the doorway then asked Mr.
Chandler who witness was, and Chandler
told him it was McWhorter; he caue
over and grabbed witness, saying IL want
to settle with you, sir!' Witness said,
Very well, am always ready to settle
any uldlieIS Oh mine. lGODllSOn sad,
You may pull your pistol as soon as you
please" Witness replied that he could
settle his business with gentlemen without
any pistol. Robinson then showed witness
a paper and asked if he fathered those
articles, and witness replied he did Rob
inson then assaulted witness, and after
striking him made an effort as if to draw
a pistol, and witness then drew his.
Robinson said, Damn you, I'll take your
own pistol from you and blow your brains
outm He then grabbed witness pistol,
and witness. in order to save his own life
pulled the trigger, intending to shoot Rob-
inson in the hips and thus disable him,
but Robinson pulled the weapon up higher
just as 1t was discharged Robinson con-
tinued TO struggle with witness in the en-
deavor to wrest the latter pistol from him,
and the latter cried to the bystanders to take
him off. After they had been separated
witness saw Robinson draw his pistol as if
TO shoot witness. and witness made an ef-
fort to get out OF the way, vixen an officer
called out to some person TO arrest him.
Witness had no arrangement with any
friends to be present at that or any time
in anticipation of difficulty. Witness
then related what occurred subsequent to
the shooting. concerning his arrest, etc.
On the way to the station-house he met
Assemblyman Moffitt, whom witness asked
10 accompany him for protection
Witness was then questioned regarding
the interview st the station-h house on the
T.alff 1ax- -.,%